Delaware was the second state to rid of the death sentence after Missouri, however in 1961 the Delaware legislature reinstated the capital punishment. It was decided that the death penalty “violated the eighth amendment ban on cruel and unusual punishment”. Capital cases that involve women are more likely to result in death sentences. …show more content…
“Death sentencing is calculated by the number of death sentences by the number of homicides in a state, and Delaware has the third highest death-sentencing rate in the United states. Substantially more death sentences were issued during the judge era opposed to the jury era. It was also calculated that blacks were six times more likely to to receive the death penalty when they killed someone who was white apposed to killing a white person.
Does the death penalty violate the sixth and eighth amendment was a question that was asked, “Although there is substantial research about the nationwide operation of capital punishment, empirical research on Delaware’s death penalty is modest in amount”. The Delaware supreme court concluded that because the mercy statute” delegates to jury and judge uncontrolled discretion the imposition of the death penalty there is room for that caprice, whim, and discrimination in the imposition of the death penalty that now stands condemned by the United